Need some legal advice about photo radar (rental car, rental)
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I rented a car from Enterprise and got a photo radar speeding ticket in Montgomery Cty, MD. According to HB455, rental car agencies aren't considered owners of the car for some reason. Regardless, MD sent the citation to Enterprise. Also according to HB455, Enterprise legally should have notified MD that I was the driver at that time so that MD could send me the citation instead. Instead, Enterprise just paid it without notifying me and charged my credit card. I feel as if I was not given the due process that every American has a right to. My question here, is not whether I'm guilty or not, it's whether Enterprise went beyond it's legal rights.
Not really sure on the complete legal ramifications of this one, but I beleive that within your contract with Enterprise there is some sort of clause that you are "responsible for all violations, etc..." Just be glad that they didn't charge an additional fee like excess wear and tear on the vehicle also. I don't know if it's wives tales, but I've heard of them doing that when the vehicle has been reported as speeding and other violations.
Actually the photo ticket is issued to the owner of the vehicle, not the driver -- like a parking ticket. Enterprise was completely within their rights to pay the fine since they own the vehicle. And what are you going to plea, anyway? Pay the fine. Slow down.
I understand that it sucks to get a ticket for anything, just be thankful that it won't go on your insurance and you have your rates go up. The ticket goes to the owner of the car, Enterprise, who gave YOU use of their car at that time and has every right to charge you as stated in their contract that you signed. What would have happened if you were driving your friends car and two weeks later they get a ticket in the mail, is it their responsibility to pay that or is it yours and the radar must have been malfunctioning when it caught you?
Like he said:
Quote:
And what are you going to plea, anyway? Pay the fine. Slow down.
I remember seeing an article regarding police officers who had 30-40 tickets per officer in one jurisdiction that were legitimate tickets (non-emergency driving), how'd ya like to be that guy? I don't live near anywhere that has the photo radar, but I lived in Houston where we had the red-light photo cameras. I know they're money makers, but you wouldn't believe how it helped change driving habits(for the better) as well as the city's approach to traffic patterns and congestion in certain areas.
Last edited by akwebb81; 04-01-2008 at 12:30 PM..
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